$9.38M Settlement For Brain Injury Endured Under Anesthesia

The family of a teenager who endured a brain injury while under anesthesia for a knee operation and an anesthesiologist reached a $9.38 million settlement over a medical malpractice case filed by the family.

According to the lawsuit filed, on December 19, 2014, then 15-year old boy went for surgery to repair a torn anterior cruciate ligament (ACL) sustained while playing soccer. Anesthesia service for the knee operation was provided by an MD of Summit Anesthesia Associates (N.J). The boy's heart rate and oxygen level dropped, resulting in a cardiac arrest, soon after the procedure was complete.

The anesthetist and the medical staff performed CPR, but in vain, they had to transfer him from the surgery center to a hospital. The boy was stabilized at the hospital and was diagnosed with chronic static encephalopathy due to a brain injury caused by cardiac arrest. When being discharged, he was semi-awake, non-verbal, had decorticated posture, and did not respond to commands.

The family filed a lawsuit claiming failure to provide the appropriate anesthesia, failure to recognize the emergency when the heart rate and oxygen levels dropped, and failure to recognize the reason for falling vital signs. The suit further claims that the anesthesiologist improperly administered medication while trying to resuscitate the patient and the staff did not respond quickly to the situation.

The anesthetist agreed to the settlement, which was approved in the court on August 18 but denied liability. The boy, now 20, suffers from a motor dysfunction and profuse neurologic compromise.

In January 2020, a similar medical malpractice lawsuit resulted in a severe brain injury to an infant. The family of the child claimed that the medical authorities of the hospital failed to take the necessary precautions. The parents of the affected child received a settlement that included $650,000 that will go to a trust for the kid's medical care. Another $3 million will be used to structure a settlement annuity that will pay $27,000 for 10 years to the kid.


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